As used in the Mediation Procedures Act [44-7B-1 NMSA 1978]:
A. "mediation" means a process in which a mediator:
(1) facilitates communication and negotiation between mediation parties to assist them in reaching an agreement regarding their dispute; or
(2) promotes reconciliation, settlement or understanding between and among parties;
B. "mediation communication" means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing or reconvening a mediation or retaining a mediator;
C. "mediation party" means a person who participates in a mediation and whose agreement is necessary to resolve the dispute;
D. "mediation program" means a program that provides mediation services and is created or administered by a court or court agency, a government or governmental subdivision, agency or instrumentality of this state or a tribal court, government or agency;
E. "mediator" means an individual who:
(1) holds the individual's self out as a mediator and who conducts a mediation;
(2) the mediation parties agree to use as a mediator and who conducts a mediation;
(3) is designated by a mediation program as a mediator and who conducts a mediation; or
(4) is an observer who is permitted by the mediation parties to watch and listen to the mediation for educational or other administrative purposes;
F. "nonparty participant" means a person, other than a mediation party or mediator, who participates in, is present during the mediation or is a mediation program administrator, including a person consulted by a mediation party to assist the mediation party with evaluating, considering or generating offers of settlement;
G. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity;
H. "proceeding" means:
(1) arbitration or a judicial, administrative or other adjudicative process, including related pre-hearing and post-hearing motions, conferences and discovery; or
(2) a legislative hearing or similar process;
I. "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
J. "sign" means:
(1) to execute or adopt a tangible symbol with the present intent to authenticate a record or to ratify the agreement set forth in the record; or
(2) to attach or logically associate an electronic symbol, sound or process to or with a record with the present intent to authenticate a record or to ratify the agreement set forth in the record.
History: Laws 2007, ch. 11, § 2.
ANNOTATIONSEffective dates. — Laws 2007, ch, 11, § 7 makes the act effective on July 1, 2007.
Nonparty participant. — Where two parties made separate loans to another party to the litigation; the loans were secured by stock in the defendant corporation; at a settlement conference, the lender parties agreed that they were unable to fully evaluate the settlement offer, that additional information was necessary to evaluate the settlement offer, and that they would hire an expert to perform a valuation of the defendant corporation; the appraiser's engagement letter stated that the appraiser's valuation report was prepared for purposes of mediation; a second settlement conference was rescheduled to allow the appraiser to complete the valuation report; the mediator did not request the valuation; and the appraiser was not present at and did not participate in the settlement conferences, the appraiser was a nonparty participant in the mediation. Warner v. Calvert, 2011-NMCA-028, 150 N.M. 333, 258 P.3d 1125.